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IMMIGRATION
EMPLOYMENT
IMMIGRATION | cliffedekkerhofmeyr.com
The team consists of experienced lawyers at all levels from across our various practice areas that have specialist knowledge of the immigration laws of South Africa
IMMIGRATION | cliffedekkerhofmeyr.com
TAILOR-MADE SOLUTIONS FOR CORPORATE CLIENTS
At Cliffe Dekker Hofmeyr (CDH) our Corporate Immigration team assists international and South African companies with immigration requirements normally associated with the import of foreign skills.
The team consists of experienced lawyers at all levels from across
our various practice areas that have specialist knowledge of the
immigration laws of South Africa.
All of our immigration lawyers are trained and qualified in all
aspects of employment law, which gives them the ability to offer
a full corporate employee migration service involving all legal
aspects in relation to recruitment, obtaining work authorisation,
appointment, contracts, statutory compliance with local labour
laws and dispute resolution.
Whether you wish to second an employee to a foreign entity,
subsidiary or parent company or you need to import talent
for a local business, our Corporate Immigration team offers
tailor-made advice and assistance, at a fee appropriate to the
complexity and scope of the instruction.
OUR CORPORATE IMMIGRATION SERVICES
We are able to assist with all immigration-related legal issues and
consequent employment law matters, giving a comprehensive
and insightful corporate migration solution.
THE SECTION 21 CORPORATE VISA
In terms of s21 of the Immigration Act, a company may apply
to the Department of Home Affairs for a Corporate Visa, which
entitles the company to set out the required number of foreign
workers it wishes to employ in specific categories within its
business. The Director-General of Home Affairs will, after
consultation with the appropriate governmental department,
approve a set number of employees for the various categories a
company requires.
On receipt of the corporate visa certificate from the Department
of Home Affairs, the company may import skilled foreign
workers who have the specific skills set out in the corporate
visa application.
The s21 Corporate Visa is the most effective way of recruiting a
large number of foreign employees with skills that are in short
supply in South Africa, and for a specific project.
WE ARE ABLE TO:
• Advise corporate applicants on the South African income tax
and exchange control laws that are likely to affect them
• Identify tax exposures and advise on tax planning strategies
• Assist in drafting business plans into the registration of a
business in terms of the Companies Act and registering the
business with the South African Revenue Service. In the event
that an investment of less than the prescribed amount is made
in the South African economy, we assist in obtaining a waiver
from the Director-General of the Department of Home Affairs
to reduce the prescribed capital requirement
• Advise on own business visas, issued to foreigners who intend
to establish or invest in their own business in South Africa
OUR EXPERTISE• Acquisition of work visas. The categories of work visas include:
• General work visas: a three-to five-year employment
contract, which may be extended
• Intra-company transfers for a four-year period
• Work visas
• Critical skills visas
• Exchange visas to conduct work
• Corporate work visas
• Drafting the necessary employment contract for the visa
applications together with advising on other compliance
issues such as employee social security, employee
benefits, and employer’s obligations in relation to
foreign employees
• Application for and obtaining of all categories of visas
• Acquisition of temporary residence visas
• Acquisition of permanent residence and immigration visas
• Processes to determine status or citizenship
• Resumption of citizenship
• Acquisition of business visas to establish a new business and
business visas to invest in an existing business venture
• Obtaining immigration visas based on job offer, spousal
category, self-employment or own business category,
categories of financially independent persons, retired persons
or relatives’ visas
• We assist with:
• Passport issues
• Restoration of permanent residence rights
• Obtaining unabridged birth certificates and full birth
certificates
• Procuring copies of marriage certificates
• Immigration law related applications to the High Court
and Constitutional Court
• Reconsideration applications and appeals
• Petition and exemption applications to the Minister of
Home Affairs
• Immigration compliance audits
• Preparing notarial contracts of cohabitation
• Estate planning for those who emigrate
• Assistance with the structuring of employment and
tax benefits when foreign employees are employed in
South Africa
IMMIGRATION | cliffedekkerhofmeyr.com
MARKET RECOGNITION
Our Employment team is externally praised for its depth of resources, capabilities and experience.
Chambers Global 2014–2020 ranked our Employment practice in Band 2 for employment. The Legal 500 EMEA 2009–2019 recommended
us in Tier 2 for employment law.
The way we support and interact with our clients attracts significant external recognition.
Chambers Global 2020 ranked Michael Yeates as an up and coming employment lawyer. ILO Client Choice Awards 2015-2016 named
Michael the exclusive South African winner in the employment & benefits category. In 2018, he was named the exclusive South African
winner in the immigration category.
CLIFFE DEKKER HOFMEYR
BAND 2Employment
THE LEGAL DEALMAKER OF THE DECADE BY DEAL FLOW
2019
M&A Legal DealMakers of the Decade by Deal Flow: 2010-2019.
2019 1st by BEE M&A Deal Flow. 2019 1st by General Corporate Finance Deal Flow.
2019 2nd by M&A Deal Value.
2019 2nd by M&A Deal Flow.
2009-2019EMEA
TIER 2Employment
Recommended us in
Michael Yeates Director Employment T +27 (0)11 562 1184 E [email protected]
Anli Bezuidenhout Senior Associate Employment T +27 (0)21 481 6351 E [email protected]
IMMIGRATION | cliffedekkerhofmeyr.com
BBBEE STATUS: LEVEL ONE CONTRIBUTOR
This information is published for general information purposes and is not intended to constitute legal advice. Specialist legal advice should always be sought
in relation to any particular situation. Cliffe Dekker Hofmeyr will accept no responsibility for any actions taken or not taken on the basis of this publication.
JOHANNESBURG
1 Protea Place, Sandton, Johannesburg, 2196. Private Bag X40, Benmore, 2010, South Africa. Dx 154 Randburg and Dx 42 Johannesburg.
T +27 (0)11 562 1000 F +27 (0)11 562 1111 E [email protected]
CAPE TOWN
11 Buitengracht Street, Cape Town, 8001. PO Box 695, Cape Town, 8000, South Africa. Dx 5 Cape Town.
T +27 (0)21 481 6300 F +27 (0)21 481 6388 E [email protected]
STELLENBOSCH
14 Louw Street, Stellenbosch Central, Stellenbosch, 7600.
T +27 (0)21 481 6400 E [email protected]
©2020 0658/MAR
OUR TEAMFor more information about our Employment practice and services, please contact:
